Tribal Laws/Codes

Black's Law Dictionary defines the word "code" as a systematic
collection ... of laws, rules, or regulations. A(n) ... official compilation of
laws ... consolidated and classified by subject matter." The
individual codes linked and referenced here are tribal laws organized by subject
matter. Unless otherwise noted, the term Tribal Code refers to an individual
Indian Nation's compilation of their laws.

The Tribal Codewriting Clinic at William Mitchell College of Law provides free
code-writing and revision services for tribal nations. Students in the clinic
work in teams of 2 or 3 under the supervision of a full-time Indian law
professor to respond to specific requests pertaining to tribal codes (statutes),
regulations, court rules, and other documents. Each project is custom-designed
for the needs of the tribal nation. Our clinic has a special emphasis on
criminal law, but we welcome projects on any subject area. Examples of projects
include: Revisions to a tribal domestic violence code to include dating
violence; Drafting a new elder abuse code; and Updating tribal criminal laws to
be compliant with the Tribal Law and Order Act and the Violence Against Women
Act. Our philosophy is focused on tribal sovereignty and self-determination. We
work on crafting language that reflects a tribal nation's unique needs,
strengths, and culture. We will provide you with a final product that is
tailored to the needs of your tribe; we do not produce cookie-cutter codes. If
you are interested in learning more about the Tribal Development Clinic, please
contact Professor Sarah Deer (sarah.deer@wmitchell.edu).

“Whatever
Tribal Precedent There May Be”: The (UN)availability of Tribal Law, by
Bonnie Shucha, explores the costs and benefits of publishing tribal law. Part I
analyzes why tribal law is not more widely available; part II illustrates the
benefits of making tribal law more accessible, and part III describes
publication options for tribes. An appendix lists currently available tribal law
collections.

Tribal Legal Code Resource Series

Tribal Legal Code Resource:
Crimes Against Children
(or Microsoft Word
2007 Format) has been developed by the
Tribal Law and
Policy Institute under a Children's Justice Act Partnerships for Indian
Communities training and technical assistance grant. Specifically it has
been developed to provide assistance to tribes and tribal organizations
that have also received Children’s Justice Act Partnerships for Indian
Communities grants. Tribes frequently request assistance in developing
and/or updating their laws to address victimization of tribal children.
The Institute developed this Resource Guide and Workbook to meet the
identified need. This project was conceived in 2001 under the guidance
of an Advisory Committee of experts in the tribal justice field, those
working with Native child abuse and child victimization issues, and with
tribal child and family services providers. The
Crimes Against American
Indian/Alaska Native Children Resource Guide provides illustrative examples, narrative, and discussion
questions. The discussion questions direct users through a tailoring
process that will assure that the resulting draft statutory provisions
reflect the needs and values of the tribal community that the targeted
law serves.

Tribal Domestic
Violence Case Law: Annotations for Selected Cases was
developed by the Tribal Law and
Policy Institute in cooperation with the
Office on Violence Against Women
as a resource for tribal judicial officers in understanding how some
tribal governments have handled certain legal issues within the context
of domestic violence cases. While a great deal of research has been done
on case law in the state systems, little to no analysis has been done on
the tribal judicial approach to domestic violence. This compendium,
developed as part of an overall code-writing workshop curriculum for
tribal governments, will assist tribal legislators as well.
Understanding how laws are interpreted by the court systems may impact
the development of laws that provide safety to tribal citizens.

Tribal Legal
Code Resource: Sexual Assault and Stalking Laws
was developed by the Tribal Law and
Policy Institute in conjunction with the
Southwest Center for Law and Policy to
be a guide for drafting or
revising victim-centered tribal criminal laws on sexual assault and stalking. It is
written with a philosophy that tribal laws should reflect tribal values.
In addition, writing a tribal law usually requires careful consideration
of how state and/or federal laws might apply in the community. This
resource guide includes sample language and discussion questions which
are designed to help tribal community members decide on the best laws
for their community. This resource was revised and updated May 2012,
including changes addressing the 2010 enactment of the
Tribal Law and
Order Act.

Law
Enforcement Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol)
was developed by the Tribal Law and
Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the investigation of sexual
assault crimes. Effective investigations increase the likelihood of
victim participation and increase the probability of convictions in
tribal, state, and/or federal courts. This guide focuses on the
development of an internal protocol for law enforcement. A law
enforcement protocol can enhance the efforts of all community agencies
in addressing sexual violence. Once your tribal government has strong
laws in place, this publication will help you create policies and protocols for
your law enforcement agency to enforce your laws.

Prosecutor Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol) was developed by the
Tribal Law and
Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the prosecution of sexual
assault crimes. Holding offenders accountable for their actions is a key
part of making your community safe. This publication is designed to help
your prosecutor’s office ensure consistency and compassion for all
survivors. This guide focuses on the development of an internal protocol
for tribal prosecution. A prosecutor protocol can enhance the efforts of
all community agencies in addressing sexual violence.

HUD's Office of Native
American Programs (ONAP) and the
Tribal Law and
Policy Institute identified the need for a comprehensive
Tribal
Legal Code Project which includes not only a comprehensive revised
Tribal
Housing Code, but also includes expanded tribal legal resource materials.
Tribal governments need resource information concerning additional related
tribal codes in order to facilitate housing and community development in Indian
country. These additional related tribal codes might include zoning, land use
and planning, building, commercial, corporations, environmental review, and
probate codes. The following is an overview of the resources contained within
this Tribal Legal Code Project:

Sample or Model Codes

The following sample or model codes were not developed for any specific
Indian Nation, but were intended to be used by tribal governments as a starting
point which is to be built upon, modified and adapted according to the needs and
customs of each individual Indian Nation. The majority of these sample
codes provide options and commentaries for tribes to consider in evaluating and
adapting the code to meet their specific needs.

Model Tribal Sex Offender Registration Code
was developed by the The SMART Office,
with the assistance of a national panel of experts, has compiled
this
to assist registration jurisdictions as they endeavor to
substantially implement SORNA. This is the final version of the
Model Code and has been approved by the SMART Office. Any prior
versions of this model code that a jurisdiction may rely on have
omissions or other items that will need to be changed before it
is adopted and implemented. We recommend that any Model Code,
including this final version, be utilized as a guide and that
each jurisdiction adapt and customize to their laws and
practices. It is also available in
Microsoft
Word Format.

Crimes Against American
Indian/Alaska Native Children Resource Guide provides illustrative
examples, narrative, and discussion questions. The discussion questions
direct users through a tailoring process that will assure that the resulting
draft statutory provisions reflect the needs and values of the tribal
community that the targeted law serves.

A sample Tribal Juvenile Justice Code
is available from the Tribal Court Clearinghouse for
Download
in Word 7 for Windows 95 format (This code was developed by the National Indian
Justice Center for the Bureau of Indian Affairs in 1988).

Law
Enforcement Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol)
was developed by the Tribal Law and
Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the investigation of sexual
assault crimes. Effective investigations increase the likelihood of
victim participation and increase the probability of convictions in
tribal, state, and/or federal courts. This guide focuses on the
development of an internal protocol for law enforcement. A law
enforcement protocol can enhance the efforts of all community agencies
in addressing sexual violence. Once your tribal government has strong
laws in place, this publication will help you create policies and protocols for
your law enforcement agency to enforce your laws.

Prosecutor Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol) was developed by the
Tribal Law and
Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the prosecution of sexual
assault crimes. Holding offenders accountable for their actions is a key
part of making your community safe. This publication is designed to help
your prosecutor’s office ensure consistency and compassion for all
survivors. This guide focuses on the development of an internal protocol
for tribal prosecution. A prosecutor protocol can enhance the efforts of
all community agencies in addressing sexual violence.